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State v. Potter

June 25, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ERIC E. POTTER, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 03-04-0646.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 27, 2007

Before Judges Payne and Graves.

Defendant, Eric E. Potter, appeals from his conviction for third-degree possession of a controlled dangerous substance, heroin, N.J.S.A. 2C:35-10a(1)(Count One); third-degree possession of heroin with the intent to distribute it, N.J.S.A. 2C:35-5b(3)(Count Two); and third-degree possession of heroin with the intent to distribute it within 1000 feet of a school, N.J.S.A. 2C:35-7 (Count Three), as well as from his extended-term sentence of seven years with a three-year parole disqualifier, imposed, following merger of the remaining counts, upon his conviction for the school zone offense.

On appeal, defendant raises the following arguments through counsel:

POINT I

THE TRIAL JUDGE ERRED IN PERMITTING THE DEFENDANT TO ACT AS HIS OWN ATTORNEY AS THE REQUIREMENTS FOR SUCH A DECISION WERE NOT MET. (Not Raised Below.)

POINT II

THE TRIAL COURT ERRED IN DENYING THE DEFENDANT AN ADJOURNMENT OF HIS TRIAL SO THAT HE COULD OBTAIN THE SERVICES OF THE ATTORNEY OF HIS CHOICE.

POINT III

THE DEFENDANT'S SENTENCE IS EXCESSIVE.

Defendant raises the following additional points in a pro se supplemental brief:

POINT I

THE COURT FAILED TO CONVEY THE APPLICABLE PRINCIPLES OF LAW AND THE STATE FAILED TO ENTER TESTIMONY THAT THE SUBSTANCE WHICH ...


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